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Jammu & Kashmir HC

Latest Posts in Jammu & Kashmir HC

ITAT Order Quashed as Fresh Evidence Was Accepted Without Following Rule 46A

June 28, 2026 267 Views 0 comment Print

The High Court held that the CIT(A) admitted additional evidence without recording reasons in writing and without giving the Assessing Officer an opportunity to examine or rebut it, contrary to Rule 46A. The matter was remanded for fresh adjudication after following the prescribed procedure.

GST Demand Challenge Rejected as No Violation of Natural Justice Was Established

June 1, 2026 186 Views 0 comment Print

The High Court dismissed a challenge to a GST demand order, holding that the taxpayer should first avail the statutory appeal under Section 107. The Court found no exceptional circumstances warranting interference under Article 226.

Excess Pay Cannot Be Recovered After Retirement as Employee Did Not Misrepresent Facts: J&K High Court

May 20, 2026 447 Views 0 comment Print

Jammu & Kashmir High Court ruled that recovery from a retired employee’s dues was unlawful in the absence of fraud, connivance, or misrepresentation. Court, however, permitted authorities to revise pension calculations excluding a pending DPC placement.

J&K HC Orders GST Registration Restoration Despite Time-Barred Appeal

May 15, 2026 318 Views 0 comment Print

The Jammu & Kashmir High Court directed restoration of GST registration even though the statutory appeal had been dismissed as barred by limitation. The relief was made conditional upon filing returns and payment of tax, penalty, and interest.

GST Registration Cancellation Reversed on Condition of Tax Compliance: J&K&H HC

May 5, 2026 303 Views 0 comment Print

The case involved cancellation of GST registration due to non-response to a notice. The Court allowed restoration subject to filing returns and payment of tax, penalty, and interest.

GST Refund Allowed on Scrap as It Qualifies as Manufactured Good Under Scheme

April 13, 2026 687 Views 0 comment Print

Authorities denied GST reimbursement on scrap treating it as non-specified goods. The court found this interpretation inconsistent with the scheme’s definition and exclusion list. The key takeaway is that benefits cannot be denied on grounds not supported by the notification.

GST Registration Restored Despite Time-Barred Appeal as Petitioner Agreed to Clear Tax Liabilities

April 10, 2026 420 Views 0 comment Print

High Court allowed restoration of GST registration even after dismissal of appeal on limitation grounds. Relief was granted subject to filing returns and payment of dues.

J&K HC Upheld Addition as Inflated Stock Statement Given to Bank Showed Higher Quantity & Value

March 18, 2026 1890 Views 0 comment Print

The High Court upheld a ₹7 lakh addition after finding a major discrepancy between stock recorded in books and the inflated stock statement submitted to the bank.

Inflated Stock Statement to Bank Justifies Income Addition as Practice Held Commercial Immorality: J&K HC

March 16, 2026 636 Views 0 comment Print

The Court ruled that when an assessee certifies stock statements given to a bank as accurate and consistent with books, discrepancies can justify tax additions. The explanation that the figures were inflated merely to obtain higher credit was rejected.

Reassessment Notice Quashed as Issued Beyond Surviving Limitation Under TOLA and Section 149

March 2, 2026 1698 Views 0 comment Print

The High Court held that only 30 days of limitation survived after applying TOLA and Supreme Court rulings. Notices issued after expiry of the surviving period were declared time-barred.

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